Wesco Insurance Company v. Smart Industries Corporation

Filing 350

ORDER Granting 349 Stipulation for Extension of Time. Proposed Joint Pretrial Order due by 11/30/2021. Signed by Judge James C. Mahan on 11/15/2021. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:16-cv-01206-JCM-EJY Document 349 Filed 11/12/21 Page 1 of 3

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WILLIAM H. PRUITT, ESQ
Nevada Bar No. 6783
JOSEPH R. MESERVY, ESQ.
Nevada Bar No. 14088
BARRON & PRUITT, LLP
3890 West Ann Road
North Las Vegas, Nevada 89031-4416
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendant,
Smart Industries Corporation

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UNITED STATES DISTRICT COURT

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ATTORNEYS AT LAW
3890 WEST ANN ROAD
NORTH LAS VEGAS, NEVADA 89031
TELEPHONE [phone]
FACSIMILE [phone]

BARRON & PRUITT, LLP

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*****
WESCO INSURANCE COMPANY as subrogee Case No.: 2:16-cv-01206-JCM-EJY
of its insured NICKELS AND DIMES
INCORPORATED,

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CONSOLIDATED FOR PURPOSES OF
DISCOVERY AND TRIAL

Plaintiff,

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vs.

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SMART INDUSTRIES CORPORATION dba
SMART INDUSTRIES CORP., MFG., an Iowa
corporation,

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Case No.: 2:16-cv-02378-JCM-EJY

Defendants.

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627.67

DISTRICT OF NEVADA

JENNIFER WYMAN, individually; BEAR
WYMAN, a minor, by and through his natural
parent JENNIFER WYMAN; JENNIFER
WYMAN and VIVIAN SOOF, as Joint Special
Administrators of the ESTATE OF CHARLES
WYMAN; and SARA RODRIGUEZ natural
parent and guardian ad litem of JACOB WYMAN,
Plaintiffs,
vs.
SMART INDUSTRIES CORPORATION dba
SMART INDUSTRIES CORP., MFG, an Iowa
Corporation; HI-TECH SECURITY INC, a
Nevada Corporation; WILLIAM ROSEBERRY;
BOULEVARD VENTURES, LLC, a Nevada
Corporation; DOES 1 through 10; BUSINESS
ENTITIES I through V; and ROE
CORPORATIONS 11 through 20, inclusive,
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STIPULATION AND ORDER TO
EXTEND TIME TO FILE A JOINT
PRETRIAL ORDER
(Fourth Request)

Case 2:16-cv-01206-JCM-EJY Document 349 Filed 11/12/21 Page 2 of 3

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Defendants.
HI-TECH SECURTY INC; and WILLIAM
ROSEBERRY,
Third-Party Plaintiffs,

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vs.

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NICKELS AND DIMES INCORPORATED,
Third-Party Defendants.

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by and through their counsel of record, Cliff W. Marcek, Esq and Thomas Schwartz, Esq.; Jennifer

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Wyman, Bear Wyman and the Estate of Charles Wyman by and through their attorney of record,

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ATTORNEYS AT LAW
3890 WEST ANN ROAD
NORTH LAS VEGAS, NEVADA 89031
TELEPHONE [phone]
FACSIMILE [phone]

COMES NOW, Plaintiffs, SARA RODRIGUEZ parent and guardian of JACOB WYMAN,

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BARRON & PRUITT, LLP

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Tracy A. Eglet, Esq. of EGLET ADAMS LAW OFFICE; Smart Industries Corporation, by and

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through its attorney of record William H. Pruitt, Esq. and Joseph R. Meservy, Esq. of BARRON &

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PRUITT; and Wesco Insurance Company by and through its attorney Peter Duboswky, Esq. of

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DUBOWSKY LAW OFFICE and hereby agree and stipulate to extend the time to file the Joint

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Pretrial Order.

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On September 16, 2021, the Honorable Judge James C. Mahan filed a Minute Order stating

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the parties were to submit a Joint Pretrial Order in compliance with Local Rule 16-4 within 30 days.

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627.67

The Joint Pretrial Order was due October 18, 2021. The parties were granted three extensions until
November 12, 2021, and have agreed to further extend the deadline until November 30, 2021.
The parties have conducted extensive discovery and there are many documents to review. In
addition, there have been numerous depositions, written discovery and each side has disclosed expert
witnesses. Due to the amount of potential evidence, the parties need another short extension to
prepare and file the Joint Pretrial Order.
The parties are circulating drafts for the joint pretrial order and have made additional progress
since the last extension was granted, but it is unlikely the Joint Pretrial Order will be completed by
Friday, November 12, 2021. Counsel for Smart has tested positive for Covid-19. In light of this
diagnosis he is to quarantine for 10 days. Additionally, the Thanksgiving holiday is upon us and the
parties have agreed to extend the deadline to November 30, 2021.
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Case 2:16-cv-01206-JCM-EJY Document 349 Filed 11/12/21 Page 3 of 3

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ATTORNEYS AT LAW
3890 WEST ANN ROAD
NORTH LAS VEGAS, NEVADA 89031
TELEPHONE [phone]
FACSIMILE [phone]

BARRON & PRUITT, LLP

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The parties above request that the court approve of this stipulation and order giving the parties
an additional time up to November 30, 2021 to submit the Joint Pretrial Order.

DATED this 12th day of November, 2021. DATED this 12th day of November,
2021.
/s/ Cliff W. Marcek
CLIFF W. MARCEK, ESQ.
Nevada Bar No. 5061
CLIFF W. MARCEK, P.C.
411 E. Bonneville Ave.
Las Vegas, Nevada 89101
Attorneys for Plaintiffs
SARA RODRIQUEZ, parent and guardian
Of JACOB WYMAN

/s/ Joseph R. Meservy
WILLIAM H. PRUITT, ESQ.
Nevada Bar No. 6783
JOSEPH R. MESERVY, ESQ.
Nevada Bar No. 14088
BARRON & PRUITT, LLP
3890 West Ann Road
North Las Vegas, Nevada 89031
Attorneys for Defendant
SMART INDUSTRIES CORPORATION

DATED this 12th day of November, 2021. DATED this 12th day of November, 2021.
/s/ Brittney R. Glover
TRACY A. EGLET, ESQ.
Nevada Bar No. 6419
BRITTNEY R. GLOVER, ESQ.
Nevada Bar No. 15412
EGLET ADAMS
400 South Seventh Street, Suite 400
Las Vegas, Nevada 89101
Attorneys for Plaintiffs
JENNIFER WYMAN, BEAR WYMAN;
and
ESTATE OF CHARLES WYMAN

/s/ Peter Dubowsky
PETER DUBOSWKY, ESQ.
Nevada Bar No. 4972
AMANDA VOGLER-HEATON, ESQ.
Nevada Bar No. 13609
DUBOWSKY LAW OFFICE, CHTD
300 South Fourth Street, Suite 1020
Las Vegas, Nevada 89101
Attorneys for WESCO INSURANCE CO.

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IT IS SO ORDERED November 15, 2021.

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_______________________________________
UNITED STATES DISTRICT JUDGE
JAMES C. MAHAN

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627.67

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